Gould v. Deschutes County

“[W]hen ORS 19.260(1)(a)(B) refers to a class of delivery ‘calculated to achieve delivery within three calendar days,’ it is referring to a class that is designed or purposefully estimated by the delivery service to achieve delivery in that time period….the class of delivery need not be one that is designed or estimated to achieve delivery as a class and in all circumstances within three calendar days; rather, the class of delivery must be designed to achieve delivery of the particular notice of appeal within that time period.”

Petitioner appealed the Court of Appeals dismissal of her petition, deeming it to be untimely. The petitioner argued that because she “mailed the petition by ordinary first-class mail on the last day of the appeals period” she should “qualif[y] for the relation-back benefit in ORS 19.260(1)(a)(B).” The Appellate Court Administrator found the petition untimely as the court received it on July 15, 2019 (three days past the deadline for filing). “[W]hen ORS 19.260(1)(a)(B) refers to a class of delivery  ‘calculated  to  achieve  delivery  within  three  calendar  days,’  it  is  referring  to  a  class  that  is  designed  or  purposefully  estimated  by  the  delivery  service  to  achieve  delivery  in  that  time  period….the class of delivery need not be one that is designed or  estimated  to  achieve  delivery  as  a  class  and  in  all  circumstances within three calendar days; rather, the class of delivery  must  be  designed  to  achieve  delivery  of  the  particular notice of appeal within that time period.” The Court found that petitioners notice of appeal was mailed in compliance with the statute as delivery was expected in “1-3 business days.” “The order of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further proceedings.”